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Lorsque ie document est trop grand pour dtre reproduit en un seul clich6, il est film6 d partir da Tangle supirieur gauche, de gauche d droite, et de haut en bas. en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la m6thode. 1 2 3 — — ^ 1 2 3 4 5 6 (0 j ?^^ AN ACT TO INCORPORATE THii; "*w- TOllONTO, SIMCOE AND LAKE HURON UNION RAIL-ROAD COMPANY, 12 Victoria, Cap. 199. * MONTREAL : PRINTED BY STIWART DERBISIIIUE AND OEOUOE DESBARATS. Law Printer to the (iuccn's Most Excellent Majesty. 1849. i Z-f' f 4 \\ \ ^^ ni I *.- i ll >ff \ #. AN ACT TO INCORPORATE THE TORONTO, SIICOE AND LAKE HURON UNION RAIL-ROAD COMPANY. '1 P 12 Victoria, Cap. 199. MONTREAL : PRINTED BY STEWART DERBISHIRE AND OEOROE DESBARATS, Law Piinter to the auien's Mo»t Excelleut Majesty. 1849. / *■; ,^ B c ■■Hi 1--^ PROVINCE OF CANADA. ELGIN AND KINCARDINE. VICTORIA, BY THE GRACE OF GODj OF THE UNITED KINGDOM 07 GREAT BRITAIN AND IRELAND, QUEEN, DEFENDER OF THE FAITH, &C. &C. AC. Oto oU to whom ll)csc presents sljall come— (Srwting : A PROCLAMATION. Robert Baldwin, TX^'HEREAS at a Session Pfoclamatifliu Mtorney General. T ▼ of the Parliament of Our Province of Canada, holden at the City of Montreal, in Our said Province, on the Eighteenth day of January, in the year of Our Lord, one thousand eight hundred and forty-nine, and prorogued on tlie Thirtieth day of May then next ensuing, in the twelfth year of Our Reign, a certain Bill, intituled. An Act to incorporate the Toronto, Simcoe and Lake Huron Union Rail-way Company, was passed by the Legislative Council and Assembly, and was, at the prorogation of the said Session, on the Thirtieth day of May aforesaid, presented to Our Deputy Governor of Our said Province M! I; i ff for Our Assent thereto ; And whereas, in pur- suance of the authority in Him vested under and by virtue of a certain Instrument or Com- mission issued by Our Governor of Our said Province in that behalf, bearing date at Monk- lands, in Our said Province, on the said Thirtieth day of May, assigning, deputing, substituting and appointing the said Deputy Governor to exercise, perform and execute, during the plea- sure of Our said Governor, certain of the powers, functions and authorities of the said Governor, and amongst others, specially to reserve the said Bill for the signification of Our pleasure thereon. Our said Deputy Gover- nor then and there reserved the said Bill for the signification of such pleasure, as in the dis- cretion of Our said Governor it was lawful to do under and in pursuance of the authority vested in Our said Governor by a certain Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the Session held in the third and fourth years of Our Reign, intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada. Now Know Ye, tha. the aforesaid Bill, intituled. An Act to incorporate the Toronto, Simcoe and Lake Huron Union Rail-way Company, having been laid before Us in Council, on the Thirtieth day of Jiily, now last past, We have been pleased to Assent to the same; And We do by these presents, and according to the provisions of the said Act of Parliament of the United I, in pur- 3d under or Com- 3ur said it Monk- rhirtieth •stituting ernor to :he plea- of the the said dally to ation of J Gover- BiU for the dis- nwful to uthority tain Act jdom of Session r Reign, inces of for the )w Ye, Act to i Lake ng been hirtieth ^e been e do by )visioRs United Kingdom of Great Britain and Ireland, passed in the third and fourth years of Our Reign, Assent to the said Bill ; Of all which Our loving subjects, and all others whom these Presents may concern, are hereby required to take notice, and govern themselves accordingly. In TESTIMO^v Whereof, We have caused these Our Letters to be made Patent, and the Great Seal of Our said Province of Canada to be here- unto affixed: Witness, Our Right Trusty and Right Well-Beloved Cousin James, Earl of Elgin AND Kincardine, Knight of the Most Ancient and Most Noble Order of the Thistle, Governor General of British North America, and Captain General and Governor in Chief in and over Our Provinces of Canada, Nova Scotia, New Brunswick and the Island of Prince Edward, and Vice- Admiral of the same,&c. &c. &c. At Our Government House, in Our City of Montreal, in Our said Pro- vince, this TWENTY-NINTH day of AUGUST, in the year of Our Lord, one thousand eight hundred and forty-nine, and in the thirteenth year of Our Reign. By Command, J. LESLIE, Secretary, •♦ Preamble. ANNO DUODECIMO VICTORIA REGINiE. CAP. cxcix. An Act to incorporate The Toronto, SiMcoE, AND Lake Huron Union Rail-road Company. 30th May, 1S19.— Presented for Her Majesty's Assent, and " Reserved for the signification of Her " Majesty's pleasure thereon." 30th July, 1S49.— Assented by Her Majesty in Privy Council. a9th August, 1849.— The Royal Assent signified by the Proclamation of His Excellency the Earl of Elgin and Kincardine, Governor General. "CT^HEREAS George Gurnett, Mayor of the City of Toronto, and upwards of eleven hundred others, inhabitants and freeholders of the City of Toronto and the Home and Simcoe Districts, have presented a Petition to the Legislature, praying that an Act might be passed to authorize the construction of a Rail- road from the City of Toronto to some part of the southerly shore of Lake Huron, touching at the Town of Barrie or at some point or points on the shore of Lake Simcoe: And whereas the construction of such Rail-road II SM. ORONTO, Union \ssent, and ion of Her I." vy Council, ed by the sUency the B, Governor ar of the »f eleven )lders of me and tition to light be f a Kail- ; part of ouching Doint or 3 : And ail-road ;■ would greatly contribute to the facility of intercourse between the several Districts and Townships through which the same is intended to pass, and the said City of Toronto, and would tend to open a free intercourse with Lake Superior, Green Bay, the State of Win- sconsin and other Western States of Ame lea, and thereby in a very important manner pro- mote the interests of this Province: And whereas for the purpose of raising funds for the construction of the said Rail-road by means of small contributions, it hath been proposed that the shares in the capital stock of the said Company may either be subscribed for or the shares may be allotted and distributed among the several members, contributors and sub- scribers to the said Rail-road Company, by chance or otherwise, as prizes amongst the members, subscribers or contributors to the said undertaking, on the condition, neverthe- less, that such sum of money as shall be sub- scribed or contributed by persons taking scrip in the said Company, shall be solely and entirely expended in the construction of the , said Rail-road, and the payment of the expences necessarily incident thereto : Be it therefore -enacted,by theQueen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, consti- tuted and assembled by virtue of and under the • authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Il Certain per- sonc iccorpo- rated. ■# I Nftm0 of the Companj. i 8 Ireland, intituled, An Act to re-unite the Pro-^ vinces of Upper and Lower Canada, and for the Government of Canada, and it is herebj enacted by the authority of the same. That Frederick Chase Capreol, the Honorable Henry J. Boulton, John Hibbert, Robert Easton Burns, Joseph Curran Morrison, Charles Berczy, Joseph Davis Ridout, George Barrow, Albert; Furniss, and Benjamin Holmes, Es- quires, together with such person or persons as shall, under the provisions of the said Ao.X, become subscribers to and proprietors of any share or shares in tiie Rail-road hereby autho- rized to be made, and other works and pro- pci'ty hereinafter mentioned, being proprietors of any share or shares, are and shall be, and be united into a Company, for the cariying on, making, completing and maintaining the said intended Rail-rosd and other works, according to the rjles, orders and directions hereinafter expressed, and for that purpose sl.all be and are hereby ordained, constituted and declared to be a body politic and corporate by the name and style of The Toronto, Simcok and Huron Rail-road Union Company, and by that name shall have perpetual succession and shall have a Common Seal, and other the usual powers and rights of bodies corporate not iiiconsistent ;vith this Act, and by th- t name shall be capable of contracting and being con- tracted with, of suing and being >ued, pleading and being impleaded, answering and being answered unto in all Courts whatsoever, in all t the Pro- and for 5 hereby le, That e Henry Easton Charles Barrow, IBS, Es- persons aid A.;.ll if required give security to the satis- faction of any two or more of the Directors hereinafter named for duly answering or pay- ing to the said Directors or to their order or ■ i 12 the order of any of thein, all the moneys they shall receive from time to time in respect of any or either of such allotments or of any tickets or scrips therein, and for accounting duly for the same and for, the faithful perfor- mance of the trust in them reposed : And be it feof &r a^i;'' ^"''**'^'' enacted, That the said F. Chase Capreol, &u>t'^ ^enry J. Boulton, John Hibbert, Robert Easton Burns, Joseph Curran Morrison, Charles Berczy, Joseph Davis Ridout, George Barrow, Albert Furniss, and B. Holmes, shall be and are hereby appointed the first Directors for the purposes hereinafter men- tioned and sa forth ; and in case of the death, absence, resignation or removal of any one or more of them it shall and may be lawful for the survivors of the said Directors to appoint another or others in the room or stead of those of th3 Directors who may die or be absent, or resign as aforesaid, any thing in this Act to the contrary notwithstanding ; but if such ap- pointment be not made, such death, absence, resignation or removal shall not invalidate the acts of the remaining Directors who shall continue Directors until the next animal elec- tion of Directors. Method of diHtribuiing allotment. III. And lor the establishing a proper method of distributing the said allotment or allotments by chance, be it enacted, That the said Frederick Chase Capreol, Henry J. Boul- ton, John Hibbert, Robert Easton Burns, Joseph Curran Morrison, Charles Berczy, 18 leys they 3spect of of any counting perfor- Jid be it Capreol, Robert [orrison, George Holmes, ;lie first ?r men- e death, ^ one or svfiil for appoint of those B^\iXy or ;t to the ich ap- ibsence, k'aiidate 10 shall al elec- proper ie!it or hat the . Boul- Burns, 3erczy, I Joseph Davis Ridout, George Barrow, Albert Furniss, and B. Holmes, shall be Managers and Directors for preparing and delivering out tickets or scrips, and to oversee the drawing of lots, and to order, do and perform such other matters and things relating to such allotment by chance as may be necessary in thiit behalf, and shall for the said allotments respectively, cause books to be prepared, in How books t« which every leaf shall be divided or distin- guished into three columns, and upon the innermost of the said three columns there shall be printed, for each of the said allotments, such number of tickets or scrips as shall have ' been fixed upon for the same, to be numbered one, two, three, and so onward in arithmetical progression where the common excess is to be one, until they rise to the number so fixed upon ; and upon the middle column in every of the said books shall be printed the like number of tickets or scrips of the same breadth and form, and numbered in like manner ; and in the extreme column of the same books there shall he printed a third rank or series of tickets or scrips of the same numbers with those oi ' ■'■ other two columns, which tickets shall severally be of an oblong figure, and in the said books shall be joined with oblique lines, flourishes or devices in such manner as the said Directors or any three or more of them shp.ll think most safe and convenient, and that every ticket or scrip in the third or extreme column of the said books shall have written' or 4 14 printed thereupon (besides the number of such ticket) such words or figures, and shall be in such form as the said Directors may deem expedient. Directors to examine tickets. sale. ■ti IV". And be it enacted, That the said Di- rectors shall carefully examine all the said books with the tickets thereon, and take care that the same be contrived, numbered and made according to the tme intent and meaning And deliver to of tliis Act, and shall deliver or cause to be anager or (Jeijyefed the Same and every or any of them Is they shall be examined, and to such amount as to number of shares as to the said Directors shall seem fit, to the Manager aforesaid, for the purpose of distributing the same, taking from such Manager an acknowledgment in writing under his hand importing his receipt of such book or books, and so many tick' ts therein as shall be delivered to him, so that he may be charged to answer for such sum of money for every one of tlie tickets in the extreme columns which shall be delivered to him, as the same shall have been sold for, or for so many of them as he shall not deliver back to the said Directors, and the said Mana- ger is hereby directed and required, upon receipt of every or any entire sum of money in full payment for any ticket or tickets from any person or persons contributing in any such allotment b} liance, from time to time, to cut out of the said book or books, so to be put into his or their custody, through the said Manr;er of iaauug ti'^kets. u r of such ill be ill ay deem said Di- the said take care ;red and meaning se to be of them 1 amount Directors said, for )f taking ment in eceipt of ' tickets so that K sum of s ill the vered to [ for, or deliver d Maiia- d, upon f money ets from Liiy such R, to cut be put the said oblique lines, flourishes or devices, indentwise in the said extreme columns, such ticket or tickets as shall be necessary to .deliver to the several persons entitled thereto ; which tickets the said Directors, or any three or more of them, shall sign with their own names previous to the delivering thereof to the said Manager, who, after himself signing the said ticket, shall permit the person or respective persons so entitled, if it be desired, to write his name or mark on the corresponding tickets in the same book or books, and at the same time the said Manager distributing the tickets aforesaid, shall deliver to such person or persons, to whom they are distributed, the ticket or tickets so cut off, which he, she or they are to keep and use for better ascertaining and securing the interest which he, she or they, his, her or their execu- tors, administrators, successors or assiens shall or may have in the distribution of the said allotment by chance. V. And be it enacted. That the said manager to whom tl" Uckets shall have been delivered for distribution shall, fourteen days before the commencement of each distribution of the allotments by chance, re-deliver to the said Directors all the said books, and therein all the tickets which the said Manager shall not have cut out of the same and delivered to the persons entitled thereto, and shall monthly and every month,^or whenever required by«the said Directors, from the time of the delivery to Manager to deliver back to Directors fourteen days before drawing, the books and unsold tickets, and to pay and account week- ly for tickets sold. 5f- :■ ■^'j ft 16 him of the said book or books delivered to the said Directors, a true and just account in writing under his hand of all sums of money accrued or come to his hands by or for the tickets delivered or to be delivered out, and how the same and how much thereof shall have been actually paid by him into the hands of the said Directors, or into the said Bank or Banks for the purpose herein mentioned, and that the said Directors or any three or more of them shall retain and keep as cash to be issued, sold and disposed of for raising money for the purpose in this Act mentioned, all the tickets in the said outermost columns whiqh shall not have been delivered (if any such be) in such manner as the said Directors or any three or more of them shall order or direct. How tickets to VI' ^^^ ^e it enacted. That the said ttewingf"' Manager entrusted with the distribution of the tickets as aforesaid, shall cause all the tickets in the middle columns in the books made out with three columns as aforesaid, which shall be delivered back to him by or from the said Directors as aforesaid, to be carefully rolled up and made fast with thread or silk, and shall in their presence and in the presence of any such contributors as may be there, cause all the said tickets which are to be so rolled up and made fast as aforesaid, to be cut off indent- wise thi'ough the said oblique lines, flourishes, or devices, into a box to be prepared for that 'li jred to the 3coimt in of money )r for the I out, and reof shall the hands I Bank or oned, and r more of be issued, loney for I, all the ns whiqh any such ectors or order or the said ion of the le tickets made out ich shall 1 the said ly rolled and shall e of any cause all 3d up and r indent- ourishes, for that IT purpose, and to be marked with the letter (A), which is presently to be put up in another strong box, and to be locked with three different locks and keys, to be kept by as many of the said Directors, and sealed with their seals, or the seals of some of them, until the said tickets are to be drawn as is hereinafter mentioned, and that the tickets in the first or innermost columns of the said books shall remain still in the books for discovering any mistake or fraud, if any should happen to be contrary to the true meaning of this Act. VII. And be it enacted. That the said Certain books Manager entrusted with the distribution of manager. the tickets as aforesaid, shall also prepare, or cause to be prepared for the said allot- ments by chance respectively, other books in which every leaf shall be divided or distinguished into two columns, and upon the innermost of those two columns there shall be printed the number of tickets of each of such allotments respectively, and upon the outermost of the said two columns there shall be printed a like number of tickets, all which shall be of equal length and breadth as near as may be, which two columns shall be joined by some flourish or device through whi the outermost ticket may be cut off indentwise, and that such number of How to pre- tickets as shall be fixed upon for the purjiose ?o"the'^draw- by the said Directors or any three of them, part *"^' of those to be continued in the outermost > B l^M ,' i IS f^, m W columns of the books last mentioned, shall be and be called the fortunate tickets to which benefits shall belong, and the said Directors or any three or more of them shall cause the amount of stock which shall have been fixed upon for each of such fortunate tickets to be written or printed thereupon as well in figures as in words in length, and the said Directors or any three or more of them shall cause all the said tickets continued in the outermost columns of the said last mentioned books to be in the presence of the said Manager entrusted with the distribution of the tickets as aforesaid, and in the presence of such contributors as shall be there, to be carefully cut out indent- wise through the said flourish or device into another box to be provided for this purpose^ and to be marked with the letter (B), which box shall be put into another strong box, and locked up with three different locks and keys, to be kept by as many of the said Directors, and sealed up with their seals or the seals of some of them, until these tickets shall also be drawn in the manner and form hereinafter mentioned, and that the whole business of rolling up, and cutting off*, and putting into the said boxes tlie said tickets, and locking up and sealing the said boxes, shall be performed by the said Directors or any three or more of tliem before the last six days immediately preceding the day appointed for the drawing of the Lottery to which the tickets sliall respectively belong, and to the end that every person 19 concerned may be well assured that the coun- terpart of the same number with his or her ticket is put mto the box marked with the letter A, from whence the same may be drawn and that otlier matters are done as hereby directed, some public notice in print shall be given of the precise time or times of putting the said tickets into the said boxes, to the end that such contributors as may be minded to see the same drawn may be present at the doing thereof. VIII. And be it enacted. That on or before Manner of the respective days that shall be appointed for "^'*'"^' the commencement of tlie distributing of each of the said allotments respectively, the said Directors or any three or more of them, shall cause the said several boxes with all the tickets therein for the said allotments to be brought into some convenient place within the said City of Toronto, whereof due notice shall be pub- lished in one or more of the Newspapers pub- lished in the several Districts through which it^ is intended the said Rail -road shall pass, fourteen days at least beford the day appointed for the commencement of such distribution, so that the same may be there and placed on a table provided for that purpose, at such hour , of the day as the said Directors or any three or more of them shall fix and appoint, and shall then and there attend this service, and cause the two boxes containing the said tickets to be taken out of the other two boxes ia b2 20 which they shall have been locked up, and the tickets in the respective innermost boxey, being in the presence of the said Directors, or such of them as shall be then present, and of such contributors -as may be there for the satisfac- tion of themselves, well shaken and mingled distinctly in each box or wheels provided for the purpose, some one indifferent and fit person to be appointed and directed by the said Directors or the major part of them, or of such of them as shall be then present, shall take out and draw one ticket from the box or wheels where the said numbered tickets shall be put as aforesaid, and one other indif- ferent and fit person to be appointed and directed in like manner shall take out a ticket from the box or wheels where the fortunate and blank tickets shall be promis- cuously put as afore. -aid, and immediately both the tickets so drp^vn fA-u^l be optued and the number, as well of the fortunate as of the blank ticket shall be named aloud, and if the ticket taken or drawn from the box or wheels containing the fortunate and blank tickets shall appear to be % blanlc, then the numbered ticket so drawn with the said blank at the same time drawn shall both be put upon one file, and if the ticket so drawn or taken from the box containing the fortunate and blank tickets shall appear to be one of the fortunate tickets, then the principal prize written upon such fortunate ticket shall be ( utered by a Clerk whom the said Directors or the major 21 part of them as aforesaid shall employ and oversee for this purpose, into a book to be kept for entering the numbers coming up with the said fortunate tickets, and the principal prizes whereunto they shall be entitled respec- tively, and the said Directors or the major part of them as aforesaid, shall set their names as witnesses to such entries, and the said fortunate and numbered tickets so drawn together, shall be put upon another file and so the said drawing of the tickets shall continue by taking one ticket at a time out of each box and with opening, naming aloud and liling the same, and by entering the fortunate lots in the manner aforesaid until the whole number of fortunate tickets shall be completely allotted, and should the same not be performed in one day, the said Directors or a majority of them shall cause the same to be locked up and sealed in manner aforesaid, and adjourn till the next day of drawing of the said lottery and so for each day of distributing the said tickets by chance as aforesaid, and the said Directors or a majority of them shall and may regulate the time of continuing to allot the tickets, and lessen or increase the number of the tickets to be so allotted on each day of distributing as they or the major part of them shall in their discretion think necessary, and shall proceed therein lor such number of days as shall have been appointed by the said Directors or a major part of them for that purpose, till the whole number of fortunate tickets shall be ll I' '1 22 completely drawn as aforesaid, and afterwards the said numbered tickets so drawn with the fortunate tickets drawn Oj^ainst tlie same, shall be and remain in a strong box locked up as aforesaid, and under the custody of the said Directors, until they shall take them out to examine, adjust, and settle the property tliereof. Penalty on IX. And be it enacted. That if any person co?2fe!Ung or pcrsous shall forge or counterfeit or cause tickets. Qj. procure to be forged or counterfeited, or willingly act or assist in the forging or coun- terfeiting of any ticket or tickets, scrip or scrips, order or orders made forth by virtue of this present Act, or alter any number, figure, or word therein, or knowingly either vend, barter or dispose of any such false, altered, forged or counterfeited ticket or tickets, scrip or scrips, order or orders, or shall bring any such forged or counterfeited ticket, scrip or order, or any ticket, scrip or order the num- ber whereof or any figure or word therein shall have been altered, knowing the same to have been forged, counterfeited or altered, to the said Directors or any of them, or to any other person or persons whatever, with a fraudulent intention, or shall willingly aid, al)et, assist, hire, or command any person or persons to commit any such offence or offences us afore- said, then in every such case all and every such person or persons being thereof convicted in due form of law shall be adjudg?3d a felon, and shall be liable to all the pains and penalties 23 of felony, and the said Directors or the major part of thera are hereby authorized, required and empowered to cause any person or persons bringing or uttering such forged or counter- feited ticket or tickets, scrip or scrips, order or orders, as aforesaid, or aiding, abetting, assisting, hiring or commanding any person or persons herein, to be appre- hended and to commit him, her or them to Her Majesty's Gaol of the District or place . where such person shall be so apprehended, to be proceeded against for the said felony ac- cording to law : Provided always, that out of Proviso. the moneys arisins from the said allotments respectively, the said Directors, or the major part of them, including tlie Manager entrusted with the distribution of the said tickets as aforesaid, shall have power to discharge all outlays made in furtherance of the objects of this Act by the said Manager with the sanc- tion of the said Directors, and all such inci- dental charges not hereby otherwise provided, as shall necessarily attend the execution of this Act in such manner as to them shall seem just and reasonable ; and after paying and deducting thereout such charges and expences as aforesaid, and the per centage hereafter named, the said Directors shall stand possessed of the said moneys so to be received as herein- after mentioned, until the election or ap- pointment of other Directors as hereinafter provided ; and immediately after th(! election or appointment of such Directors, the said firsti I I . I 24 named Directors shall transfer and pay over the balance of such moneys to such Directors or to the President of tlie said Company, to be applied by them for the purposes of this ProviBo; Act as hereinafter provided : And provided further, and it is hereby declared, that the drawers or holders of the fortunate tickets, immediately after the drawing of each of the said lotteries in manner aforesaid, shall be entitled to exchange their tickets respectively, for a scrip or scrips from the said Directors, and the said Directors, or a major part of them, shewing the number of shares whicli such ibrtunate tickets respectively represent; and the holders of such scrips sliall in all respects and for all purposes bo considered and are hereby respectively declared to be a Stock- holder or Stockholders in the said Company for the number of shares mentioned in such Pmisu. Bcrip or scrips : Provided always, that the said drawers of such fortunate tickets shall, belbre receiving such scrips as aforesaid, pay to the said Manager such a per ccntage on tlie amount of stock to which such drawer shall be entitled, as the said Directors shall think reasonable, not exceeding twelve percent., for the services,, pains and labours ol' the said ^Manager in and about the said allotment, and in the furllierance of the object of this Act, and ibr their costs and expenses in advertising, printing, and otherwise: and the said Manager is hereby authorized and empowered to demand and Provko, receive the same : And provided further, tliat 25 immediately after the election or appointment of other Directors as hereinafter provided, the holders of such scrips respectively shall be entitled to receive from the said new Directors, and they are hereby directed and empowered to issue and deliver to such holders of scrips respectively, so many shares or so much scrip as shall be equal to the nuiTiber of shares men- tioned in such certificates respectively. X. And be it enacted. That it shall and may Company cm- . powered to be lawful for tlie said Company, their agents enter upon and workmen, and all other persons by them authorized, and they are hereby empowered to enter into and npon the lands of the Queen's Most Excellent Majesty, and of any person or persons, bodies or body politic, corporations aggregate or sole, whatsoever, and to survey and take levels of the same, or any part thereof, and to set out and appropriate, for the purposes of this Act, such parts thereof as they are by this Act empowered to take or use, and in and upon such lands or any lands adjoining thereto, to bore, dig, cut, embank and to remove or lav, and also to use, work and manufacture any earth, stone, rubbish, trees, gravel or sand or any other matters or things wliich may be dug or obtained thereon or otherwise, in the execution of the powers of this Act, and which may be proper or neces- sary for making, maintaining, altering, repair- ing or using the said Hail-road and other works by this Act aulhorizcd, or which may obstruct i.-|i 26 if 1 »} sS the making, maintaining, altering, repairing or using the same respectively, according to the true intent and meaning of this Act ; and also for the purposes and according to the pro- visions and restrictions of this Act, to make and construct such inclined planes, tunnels, embankments, aqueducts, bridges, roads, ways, passages, conduits, drains, piers, arches, cut- tings and fences, as the said Company shall think proper, and to make drains or conduits into, through or under any lands adjoining the said Rail-road, and also in and upon the said Rail- road or any lands adjoining or near thereto, to erect and make such toll and other houses, warehouses, yards, stations, engines and other works and conveniences connected with the said Rail-road as the said Company shall think proper, and also from time to time to alter, repair or discontinue tlie before-mentioned works or any of them, and to substitute others in their stead, and generally to do and execute all other matters and things necessary and convenient for constructing, maintaining, alter- ing or repairing and using the said Rail-road and other works by this Act authorized, they, the said Company, their agents and workmen, doing as little damage as may be in the ex- ecution of the several powers to them hereby granted ; and the said Company making full satisfaction, in manner hereinafter mentioned, to all persons and corporations interested in any lands which shall be taken, used or injured and for all damages to be by them sustained, 27 in or by the execution of all or any of the powers hereby granted : and this Act shall be sufficient to indemnify the said Company and all other persons for what they or any of them shall do by virtue of the powers hereby granted, subject, however, to such restrictions and pro- visions as are hereinafter mentioned and con- tained, XI. And be it enacted, That the lands to be Lj^^^j!,'^* taken for the line of the said Rail-road shall not to exceed . , . • 3, certain not exceed forty yards m breadth, except m breadth. those places upon the line of such Rail-road, where a greater breadth shall be judged neces- sary for carriages to wait, load or unload, or to turn or pass each other, or for raising em- bankments ; for crossing villages or low grounds, for cuttings, or for the erection or establishment of any fixed or permanent ma- chinery, toll -house, ware-house, wharf, or other erections and buildings, or for the protection of the said Rail-road, from the falling of tim- ber growing upon or along the line of the said Hail-road, and not in any place exceeding two hundred yards in breadth, except at the ter- minus of the said Rail-road, and at each of such termini not exceeding three hundred yards square, unless with the previous consent in writing, of the owners or occupiers of any lands, which the said Company shall be de- sirous of appropriating to the obtaining of greater space : Provided always, that nothing Proviso; no . . ^ .. ^ ii -J lands to re. in this Act contained, shall prevent the said main ia their 28 ii ,) / SuSe of ^"".'""P^'^y f^'O"^ purchasing, having, holding,. Raij-road. using and enjoying for any estate or interest ; but they are hereby authorized from time to' time, to purchase, have, hold, take, receive, use, and enjoy, without the line of the said Rail-road, either at the termini, or at any of the stations of tlie said Rail-road, or along the line of the said Rail-road, any lands, tenements and hereditaments which it shall please Her Ma- jesty to give, grant, sell and convey, or which any person or persons, body or bodies politic, corporations aggregate or sole, shall give, g-ant, sell or convey unto, and to the use of, or in tiust for the said Company,, tlieir successors and assigns, so as the aggregate quantity of such land so held, shall not exceed one hundred thousand acres, and it shall and may be lawful lor the said Company, from time to time, by deed of Bargain, and sale or otherwise, to grant, bargain, sell or convey any of such lands ; fanSieSn ^^V^^"^^ ^^^^^.>'«' ^^'^^ ^^ ^hall not bc kwful ibi'tCr ' ^^'^ '"^'^ Company to retain in their posses- infeSr' r?; T, """'^ ^^»J«.y^«^»t, or to purchase, have, better main. "^Ki, take, rcccivc, use or enjoy, anv such ;aj«oru. lands, without the line of the iid RaLoTd, otherwise than for the better and more effec- tiial repairing, maintaining and using the said Rail-road, and other works here])y authorized after the expiration often years from and after the completion of the said Rail-road ; And Proviso: Com. provided also, that nothing in this Act con- --' -- tamed, shall prevent the said Company, under the seal of the said Company, from granting, pany may grant, &c. land* without 29 conveying and assuring, but they are hereby uncofraii- authorized to grant, convey and assure any of'^^'f.'sg^'Jy?"* such lands, without the line of the said Rail- Reused. road, and not necessary to be used therewith, or with the other works hereby authorized, unto and to the use of the several and respec- tive members of the said Company, in propor- tion to the shares respectively held by them, in such manner as shall be regulated at a general meeting of the said Company, con- vened for the purpose of apportioning such lands, of the time and place of holding which meeting, at least three months' notice shall be published in one or more of the newspapers published in the several Districts through which the said Rail-road shall pass, and shall also be transmitted by post, by the Secretary of the said Company, to the several and respective members of, and proprietors of shares in the said Company, at least four months before the day appointed for holding any such meeting. XII. And be it enacted. That for the pur- S^KJ^ poses of this Act, the said Company shall and ff^V;;^^"^ may by some sworn Land Surveyor in the ;|;';^"g^'i7j';f Province, and by an Engineer by them to be Jj^^^J^J^'^^^J'jJ appointed, cause to be taken and made surveys plan thereof. and levels of the said lands through which the flaid intended Rai' road is to be carried, toge- ther with a map or plan of such intended Rail- road and the course and direction thereof, and of the said lands through which the same is to m 30 Book of refer- P^ss, aiid also a Book of Reference of the said Sel^d Kail-road, in which shall be set forth a descrip- iiwf^'^ ^'^^ **^^^ ^^ *^® ^^^^ several lands, and the names of the owners, occupiers and proprietors thereof, .so iar as the same can be mentioned, and in which shall be contained every thing that is necessary for the right understanding of such map or plan, copies of which said map or plan and book of reference, shall on the completion of such survey, map, and book of reference, be deposited by the said Company in the offices of the respective Clerks of the Peace for the several Districts through which the said Rail-road or any part thereof shall pass, and also in the office of the Secretary of the Province ; and all persons shall have liberty to resort to such copies so to be depo- sited as aforesaid, and to make extracts from or copies thereof as occasion shall require, paying to the said Secretary of this Province or to the said respective Clerks of the Peace at the rate of six pence current money of this Province for every one hundred words, and Keffi"' *^^ ^^^^ ^^P^^« of *^»e said map or plan and ti?e fee OT ^^^^ ^^ reference so deposited, or a true copy Secretary of or copies thereof, certified by the Secretary of Province, good .i t> • i « , . , "^ evidence in tJie Provmcc, or by one of tlie said Clerks of CourteofLaw, ^|jg p^^^^ ^^^. ^j^^ ^^.^ respective Districts, shall severally be, and they are hereby declared to be good evidence in the Courts of Law and elsewhere. t ( t XIII. And be it enacted, That in case it company may shall be found necessary to form shafts, pits, &". wherevet eyes or openings to or from any tunnel to be '^^^^^'y* made for the purposes of this Act^. it shall be lawful for the said Company to sink and construct such shafts, pits, eyes or openings in such places as the said Company shall think necessary. XIV. And be it enacted. That when the Height and said Rail-road shall be carried over or across bridges ove^ any highway, otherwise on a level, the same ""^ highways shall be so carried over or across such high- way at the expense of the said Company by ''^.* means of a bridge, and the space of the arch TP of any such bridge shall be framed, and at all times be kept and continued by the said Company of such breadth as to have and leave a clear and open space under every such arch of not less than fifteen feet, and a height from the surface of such public high^vay to the centre of such arch of not less than sixteen feet, and the descent under any such bridge shall no^ exceed one foot in thirteen, and that in all places where it shall be necessary to erect, build, or jnake any bridge or bridges for carry- ing any public highway or carriage road over the said Rail-road, the ascent of every such bridge for the purpose of every such road shall not be more than a foot in thirteen feet, and a good and sufficient fence shall be made at the expence of the said Company on each side of every such bridge, not less than four feet above U ♦' When Rail- road crosses a highway, the rail, &c. to be within one inch of the surface. Precautions to be observed when the Rail- way crosses the highway on a level. [y 82 tJie surface of such bridge ; and that in all places where the said Rail-road shall cross any public highway on a level, the ledge or flange of the said Rail-road for the purpose of guiding the wheels of the carriages, or the rail itself! If there be no ledge or flange, sliall not rise • above nor sink below the level of such road more than one inch ; and that in all such places the said Company shall erect and at all times maintain a good and sufficient gate on each side of such Rail-road, where the said public high- way shall communicate therewith, which gates shall be constantly kept shut except at such time as they shall be required to be-opened for the use of any person or persons using such pub ic highway and desiring to cross the said Kai -road, and every person so using the said public highway and requiring the said gates to be opened for the purpose aforesaid, shall, and IS hereby required to cause the said gates and each of them to be shut so soon as he shall have used the same respectively for tlie purpose aforesaid, under the penalty of five pounds cur- rency m default thereof for every such offence, to be recovered in like manner as any other pe- na ty .^nder this Act may be recovered : Pro- vided always, and be it enacted. That the said Company shall at each and every place where the Rail-road shall cross any highway on a level erect and keep up a sign board stretching across the highway at such height as to leave sixteen feet from the highway to the lower edge of the sign board, and having the words « Rail-way 88 'Crossing" painted on each side of such sign board, in letters not less than six inches in length, and. for each and every neglect to com- ply with the requirements of this section, the said Company shall incur a penalty not exceed- ing fifty pounds. XV. And be it enacted, That after any lands Afler any or tenements shall be set out and ascertained been'set out, in manner aforesaid for making and completing po^att Ac!***" the said Rail-road, and other works and other ^^^y^^J*^ purposes and conveniences hereby authorized, therein to the it shall and may be lawful for all bodies politic, corporations aggregate or sole, executors or administrators, mortgagees and all other trustees or persons whomsoever, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of those whom they represent, whether infants, issue unborn, luna- tics, idiots, femes-covert, mortgagors, cestuique trusienty or other person or persons who are or shall be seized, possessed of or interested in any lands or tenements which shall be set out and ascertained as aforesaid, or any part thereof, to contract for and to sell and convey unto the said Company, their successors and assigns, all or any part of such lands or tenements, which shall from time to time be set out and ascer- tained as aforesaid, and that all contracts, agreements, sales, conveyances and assuiances so to be made, shall be valid and effectual in law to all intents and purposes whatsover, any law, statute, usage or custom to the contrary ii v; i I 34 thereof in any wise notwithstanding ; and all bodies politic, corporations aggregate or sole, and all persons whatsoever so conveyint^ as aforesaid, are hereby indemnilied for what he, she or they, or any of tliem shall respectively do by virtue of or in pursuance of this Act ; and all such contracts, agreements, sales, con- veyances and assurances, shall and may be registered by the said Company, in the Registry Offices of tlie respective Counties wherein such lands shall be respectively situated, upon a memorial thereof duly executed by any of tlie grantors named therein respectively, or by the Secretary of the said Company, in the name of, and on behalf of, and under the seal of the said Company, in like manner as any other conveyances of land may by law be registered. III c^n^^ir' , -^7'* ^"'^ ^^ '^ ^"^^ted, That it shall be InrafL'wllS /'''' ^^'^ '^'^ Company to apply to the the owners. Several owners and occupiers of the lands and tenements and hereditaments through which the said Rail-road is intended to be carried, and to agree with such owners or occupiers respectively, touching the compensation to be paid to them by the said Company, for the purpose of the said Rail-road and other works and for the respective damages of such owners and occupiers ; and in case of disagreement between the said Company and the said owners or occupiers or any of them, or in case of the said Company being unable to ascertain who 35 is or are the owner or owners of such lands, or in case of the absence of any such owners, or in case of any of such owners or persons incase of Pro. Ill 1 . prietors of interested m any such lands or tenements being lands being r •r.j'Tii J- p fcmcs-coveit femes-covert, mlants, idiots, lunatics, oi un- &c, price of sound mind, or for any reason incapable of||!'^'3n'* contracting with the said Company, or of ^^«^Jf "^^''"^ conveying and assuring such lands to the said Company, or of releasing the said Company from all claims for such damages, then and in any of such cases it shall and may be lawful for the said Company to deposit such sums as they shall be willing to give for such lands and damages in the Court of Chancery, together with six months interest thereon, in such manner as the said Court shall upon the motion of the said Company direct for the benefit of all persons, bodies corporate or communities interested in any of such lands, tenements, or hereditaments that shall or may be required by the said Company, and shall by the said Com- pany be taken or aifeeted or prejudiced by the execution of any of the powers hereby granted ; and immediately upon the payment or tender of such sum or sums as shall be contracted or agreed upon between the said Company and the several parties interested in any of such lands and upon payment of such sum or sums in respect of any such lands into the Court of Chancery as aforesaid, then such lands, tene- ments, hereditaments and premises respectively, may be immediately entered upon and taken possession of by the said ComoanVj and shall i tf X */ c2 Hi Proceedinga to take place on such payment being made (o the Court of Chancery. 36 be and become vested in the said Company and applied to the purpose of making, maintaining and repairing the said Rail-road and other works and conveniences thereto appertaining. XVII. And be it enacted, That upon such payment being made into the Court of Chancery as aforesaid, it shall be the duty of the said Company to cause a notice to be published for three months in some newspaper published in the District in which such respective pieces of land lie, or in case of there being no newspapers published in any such District, then such notice shall be published in some newspaper published in one of the Districts adjoining the District in which such lands shall lie ; and such notice shall state the amount paid into the said Court of Chancery and the particular piece or parcel of land in respect of which such amount is so paid, and it shall and may be lawful for the owners or occupiers of such respective lands, tenements or hereditaments, or any of the persons interested therein, to summon the said Company at any time within twelve months from the first publication of such notice, to appear before the Chairman of the General Quarter Sessions of the Peace at the then next Court of General Quarter Sessions, to be held in the District where such respective pieces or parcels of land shall lie, and the said com- plainant and the said Company may thereupon severally and respectively nominate and appoint any one Justice of the Peace iu and for such 37 District, who together with such Chairman, may enter upon and view the place or places in question, and shall take down in writing the evidence upon oath of such persons as may be brought before them to give evidence touching the matters in controversy, which oaths the Chairman is hereby authorized and required to administer, and the said Chairman and two Justices so appointed as aforesaid, are hereby authorized to assess and ascertain the sum or sums of money to be paid by the said Company for the purchase of the said respective pieces of land and damages, and shall, in estimating the value of such respective pieces of land, and the amount of such damages, take into consi- deration any damagi or inconvenience as well as any advantage or convenience which may accrue or arise to the respective owners and occupiers of or persons interested in such respective pieces of land, and the decision of such Chairman and Justices, or a majority of them, shall be final and conclusive between all parties whomsoever, and in the event of the amount so assessed or ascertained as the pur- chase money and damage in respect of such respective pieces or parcels of land being the same as or less than the amount paid into the said Court of Chancery in respect thereof, then the costs of the said Company incidental to such enquiry shall be deducted and paid out of the said sum so paid into the said Court of Chancery : but in case the amount so assessed or ascertained shall be greater than the sum so ■ i Proviso, 38 paid into the Court in respect of such respective pieces of land, it shall and may be lawful for the said Chairman to issue his warrant directed to the Sheriff of any of the Districts through which such Rail-road shall pass, requiring him to make the excess of such amount so assessed over and above the sum so paid into the said Court of Chancery, together with the costs attending the said enquiry, out of the goods, chattels and effects of iho said Company, and the said Ciiairnian is hereby authorized to tax the costs of both parties attending and inci- dental to llie said enquiry: Provided always, that no greater fees or disbursements shall be allowed than are allowed upon ])roceedings in the said Court of General Quarter Sessions : And provided also, that the said Chairman shall be entitled to tax and allow to him.elf, and each ot the. said Justices, the sum of thirty shillings for every day during which they shall be eiig^iged in such enquiry, and the evidence upon such enquiry, together with the judgment or decision given thereon, shall be filed of record in the said Court of General Quarter Sessions of he I eacc, and the decision oi'the Chairman and JustKT.n, or of the majority of them, shall be certified by the said Chairnum under his hand and seal to the said Court of Chancery, and hied of record in the said Court of (niancery XVni. .\nd bo it enacted. That the said Company to ke^p Rail-ruMl ^, ' -"m,v.ivu, x nut me Saifl <3r.5/r fT'^"^' "'"'"' "'"' "'"y ■"•" '•<"•«''>■ required at then- oivn expense, after any lands shall m be taken and used for the purposes of the ing thereto by said Rail-road and other works, to separate &«. ' ' the same and to keep the same constantly- separated from the lands adjoining to the said Rail-road and other works, with good and sufficient posts, rails, hedges, ditches, mounds or other fences, in case the owners of such lands adjoining to such Rail-road or other works, or any of them respectively, shall at any time desire the same to he fenced off, or in case tlie said Company shall think proper to fence otf the same, and in case the lands on either side of the said Rail-road shall he owned or occupied by the same person, then to enable such person, his or her servants and v/orkmen to cross the said Rail -road, the said Company shall make and maintain all necessary gates and stiles in nil such fences to be made as afore.^;aid, al! such .,ates being made to open towards such lands and not towards such Rail- road, and also all such bridges, arches or cul- verts as shall be necessary for the more com- modious co'innunication between the said lands on either side of tlie said Rail-road; Provided ^w*«»« always, that the power to cause such gates, stiles, bridg( , arches and culverts to be erected at tlie expense of the said Company, shall cease after the expiration of two years from and aftei the completion of the said Ruil-road; And provided also, and be it enacted, That in every cas(; in which the owner of any lands or other person or persons by this Act authorized and capacitated to convey, shall in their 40 arrangements with the said Company have received or agreed to receive compensation for gates, stiles, bridges, arches or culverts, instead of the same being erected or found by the said Company for the purpose of facilitating the passage to or from either side of the land severed or divided by the said Rail-road, it shall not be lawful for any such owner, or those claiming under him, to pass, and they shall ever be prevented from passing or crossing the said Kail-road from one part to the other part of their lands so severed and divided otherwise than by a gate, stile, bridge, arch or culverts to be erected and maintained at the char-e of such owners under the inspection and direction of and according to plans and specifications to be furnished and approved by the Engineer of the said Company. ^nlnlZ , ^}^' A"d be it enacted, That if any person ^un, R^i, shall, by any means, or in any manner or way whatsoever, obstnict or interrupt the free use of the said Rail-road, or the carriages, engines or other works incidental or relative thereto or connected therewith, such person shall, for every such offence, incur a forfeiture or penalty of not less than one pound five shillings, and not exceeding ten pounds, oi^e half of which penalty or forfeiture, (to be recovered at the Court of General Quarter Sessions of the Peaco of the District wherein such offence shall be committed), shall go to the prosecutor or infor- uaer, and the other half to the said Company. 41 XX. And be it enacted, That all suits for All appUca- indemnity for any damage or injury sustained demniiy for by reason of the powers and authority given uSthis Act - by this Act, shall be brought within six calen- l^jj'h.^fcer. dar months next after the time of such sup- '^n ^'"«- posed loss sustained, or in case there should be a continuation of damage, then within six calendar months next after the doing or com- mitting such damage shall cease, and not after- wards, and the defendant or defendants shall and may plead the general issue, and give this General issue. Act and the special matter in evidence, at any trial to be had thereupon, and may aver that the same was done in pursuance and by autho- rity of this Act. XXI. And be it enacted, Tiiat if any person Punisbmcntof or persons shall wilfully and maliciously, and to Kg down, ob- the prejudice of the said Rail-road authorized to ZmlSlhe be made by this Act, break, throw down, damage ^^i'^X or destroy the same or any part thereof, or any Uopmany. of the houses, warehouses, toll-houses, watch- houses, weigh-houses, weigh-beams, cranes, carriages, vessels, engines, inclined planes, machines, or other works or devices incidental and relative thereto or connected therewith, or do any other wili'ul hurt or mischief, or wil- fully or maliciously obstnict or interrupt the free use of the said Rail-road, vessels or works, or shall obstruct, hinder or prevent the carrying on, completing supporting and maintaining the said intended Rail-road, vessels or works, such person or persons shall be adjudged guilty of a il 4 ff f.i . i) I! I* 4 42 rmsdemeanor, arid the Court by and before whom such p.... or persons shall be tried and convicted, . aave power and authority to cause such person or persons to be punished m like manner as persons convicted of a mis- demeanor are directed to be punished by the .. laws in force in this Province, or in mitigation thereof, to award such sentence as the law direc s in cases of simple larceny, as to the Court shall seem fitting. fo3lS r ^^^^' "^"'^ ^' '^ ^""^^^^' '1^*^^^ the said ' ^^'"Pany may from time to time lawfully borrow, either in this Province or elsewhere, such sum or sums of money not exceeding at any time the sum of two hundred and fifty thousand pounds currency, as they may find it expedient, and at sucl- rate of interest, not exceeding six per centum per annum, as they may think proper, and may make the bonds, debentures or other securities they shall grant ior the sums so borrowed, payable either in currency or in sterling, and at such place or places within or without this Province as they may deem advisable, and may mortgage or pledge the lands, tolls, revenues or other pro- perty of the said Company for the due payment 01 the said sums and the interest thereon. And grant mortgage. pTfcrlr" /^"^- "^"^ "^^ i^ «"^cted. That the number iTlJrT" n ! ^"^ T^'''"^} ^^"^ proprietor of shares i,i the said undertaking shall be entitled on every occasion when, in conformity to the provisions oi thiF Act, the votes of the members of the 4^ ii said Company are to be given, shall be in pro- portion to the number of shares held by him, that is to say: one vote for each share less than iifteen ; Provided always, that no pro- Proviso, prietor as aforesaid shall have more than fifteen votes, and all proprietors of shares, whether resident in this Province, may vote by proxy, if he, she or they shall see fit, provided that such proxy do produce from his constituent or constituents a notice in writing in the words or to the effect following, that is to say : "I, ,of ij , .,. Form of »p« « one of the proprietors of the Toi-onlo, Simcoe and HuroHj Jjj^*^*"'^ '^^ " Rail-road, do hereby nominate, constitute and appoint (< of « to be my proxy in my name, and in my absence to vote <* or give my assent or dissent to any business, matter or " thing relating to tlie said undertaking that shall be men- « tioned or propo.;ed at any Meeting of the Proprietors of «« the said undertaking, or any of them, in such manner as " he, the said shall think fit, « according to his opinion and judgment, for the benefit of ««J.he said undertaking or any thing appertaining thereto. — « In witness whereof, I have hereunto set my hand and « seal, the 'lay of « t the year one thousand eight hundred And such vote or votes, by proxy, shall be as valid as il' such principals had voted in person ; and whatever question, election of proper officers, matters or things shall be proposed, discussed or considered in any public meeting of the proprietors to be held by virtue of this Act, shall be determined by the majority of votes and proxies then present and so given as aforesaid, and all decisions and acts of any 44 KoBe bat British 8ub- J'cets to be ^resident or Treaaorer. Shareholders not liable for debts of Cor- poration. Firrt general meeting of Sroprictora to e held in Toronto. To elect a Board of Dir«ct«n. such majority shall bind the said Company, and be deemed the decision and acts of the said Company; Provided always, and be it enacted, that no proprietor who shall not be a natural born subject of Her Majesty, or a suliject of Her Majesty naturalized under an Act of the British Parliament or an Act of the Parliament of this Province, shall be elected President or Treasurer of the said Company. XXIV. And be it enacted, That no Share- holders in the said Company shall be in any manner wnatsoever liable or charged for any debt or demand due by the said Company beyond the payment or the extent of his, her or their share in the capital of the said Com- pany not paid up. XXV. And be it enacted, That when and as soon as the shares in the said Stock shall be disposed of by the distribution of the said allotment or allotments, it shall be lawful for any ten of the holders of shares in the said Company, holding among them at least two hundred shares, to call a meeting at the City of Toronto of the holders of su'jh shares for the purpose of electing Directors, other than those hereinbefore named and appointed? Provided always, that in any case public notice of the time and place of holding such meeting shall be given during one month in two of the newspapers published in the said City of Toronto; and at such general meeting the Proprietors assembled with such proxies as li I j-i '■ 45 I shall be present, shall choose eleven persons, being each a Proprietor of not less than twenty shares in the said undertaking, to be Directors of the said Company in such manner as is hereinafter directed, and shall also proceed to pass such Rules and Regulations and By-laws as shall seem to them fit, provided they be not inconsistent with this Act. XXVI. And be it enacted. That the Direc- inthemontii tors so elected, (or those appointed in their each year » stead in case of vacancy,) shall remain in office rcctors^o be until the first Monday in the month of June ^''^*^ next following ; after the distribution of the said allotments, and that on the said first Monday in June, and on the first Monday in June in each year thereafter, or on such other day as shall be appointed by any By-law, an annual general meeting of the said Proprietors shall be held at the office of the Company, for the time being, to choose Directors in the room of those whose ofiice may at that time become vacant, and generally to transact the business of the Company ; but if at any time it shall SpcciaijWeM- appear to any ten or more of such Proprietors tors may bo holding together two hundred shares at least, that for more effectually putting this Act in execution, a special general meeting of Pro- prietors is necessary to be held, it shall be lawful for such ten or more of them to cau&e fifteen days notice at least to be given thereof, in two public newspapers as aforesaid, or in such manner as the Company shall by any : ■ I r I. Cluorum at 8uch General Meetiog. Pr«,«so: va- 46 3y-Iaw direct or appoint, specifying in the said notice the time and place and the reason and intention of such special meeting respectively ; and the proprietors are hereby authorized to meet pursuant to such notices, and proceed to the execution of the powers by this Act given them with respect lo the matters so specified only ; and all such acts of the Proprietors or the m'^jority of them at such special meetings assembled, such majority not having either as principal or proxies less than two hundred :dhares, shall be as valid to all intents and pur- poses as if the same were done at annual meetings; Provided always, that it shall and SeSeSs"" may be lawful for the Said Direclors, in rase may be filled, ^f ^^le dealh or absence, resignation or removal of any person elected a DireciDr, to manage the affairs of the said Company, in manner aforesaid to appoint another or others in the ) '>om or stead of those of the Directors who may die or be absent, resign or be removed as aforesaid ; any thing in this Act to the contrary notwithstanding ; but if such appointment be not made, such death, absence or resignation shall not invalidate the acts of the remaining Directors. i Three Lirec. XXVII. And be it enacted, That at each of toMshanannu. ^^^q gaid annual meetings of tiie Proprietors, Ally rcHiC| "Ufc •-'V* 1 If a' maybe tlircc of the SO 1 eleven Directors shall retire in rotation, the order of retirement of the said first elected eleven Directors being decided by lot; but the Directors then or at any M 4t subsequent time retiring shall be eligible for re- election ; Provided always, that no such retire- Proviso. ment shall have effect unless the Proprietors shall at such annual meeting proceed to fill up the vacation^' thus occurring in the Direction. XXVIII. And be it enacted, That the Di- Directors to rectors shall at their first (or at some other) dent.^ meeting after the day appointed for the annual general meeting in each year, el(;ct one of their members to be the President of the said Com- pany, who shall always (when present) be the Chairman of and preside at all meetings of the Directors, and shall hold his office until he shall cease to be a Director, or until another President shall be elected in his stead, and the said Directors may in like manner elect a Vice- Ane to time, at any general meeting, with the like approbation aforesaid, to lower or reduce all or any of the said tolls, and again to raise the same as often as it shall be deemed necessary for the interest of the said undertaking: Provided always, that the said tolls shall be, at all times, charged equally to all persons after the same rate in respect of all passengers, and of all goods or carriages of the same description, and conveyed or pro- pelled by a like carriage or engine passing over the same portion of the line of Rail-road un- der the same circumstances, and no reduction or advance in any such tolls shall be made di- rectly or indirectly in favor of or against any particular Company, person or party travellings upon or using the Rail-road, or so as collu- sively or unfairly to create a monopoly either Proviso : tgainst moao- 4 k> 4 If 57 in the hands of the said Company or of any other Company, person or party. XXXIX. And in order to ascertain the amount Accounts of of the clear profits of the said undertaking, JnfuaHy^e Be it enacted, That the said Company or the f^P^J°^^»^'^' Directors of the said Company shall, and they are hereby required to cause a true, exact an i particular account to he kept and annually made up and balanced on the thirty-first day of December in each year, of the money col- lected and received by the said Company or by the Directors or Treasurer of the said Com- pany, or otherwise, for the use of the said Company by virtue of this Act, and of the charges and expences attending the erecting, making, supporting, maintaining and carrying on their works, and of all other receipts and expenditures of the said Company or the said Directors : And at the General Meetings of Dividends to the proprietors of the said undertaking to be timTti time at from time to time holden as aforesaid, a divi- SJ'gJf"^ ^^'^' dend shall be made out of the clear profits of the said undertaking, unless such meetings shall declare otherwise, and such dividend shall be at and after the rate of so much per share upon the several shares held by the pro- prietors in the Joint Stock of the said Com- pany as such meeting or meetings shall think fit to appoint or determine ; Provided always, proviso : Capi- that no dividend shall be made whereby the ^l^^^^^' Capital of the said Company shall be in any degree reduced or impaired, nor shall any di- f^ll if- 58 vidend be paid in respect of any share after a day appointed for payment of any call for money in respect thereof until such call shall have been paid. Fraciionsia XL. Provided always, and be it enacted, ^Sh^it That in aH cases where there shall be a frac- faTJng^raT^" tiou in the distance which goods, wares, mer- how regulated, ^handize or other commodities or passengers shall be conveyed or transported on the said Raid-road, such fraction shall, in ascertaining the said rates, be deemed and considered as a whole mile, and that in all cases where there shall be the fraction of a ton, in the weight of any such goods, wares, merchandize, and other commodities, a proportion of the said rates shall be demanded and taken by the said Com- pany of Proprietors to the number of quarters of a ton, contained therein, and in all cases where there shall be a fraction of a quarter of a ton, such fraction shall be deemed and con- sidered as a whole quarter of a ton. Proprietors XLI. Provided always, and be it enacted, Syeeung" That it shall and may be lawful to and for the foJfixinrS Directors of the said Company, from time to SrceTstftat *^"^®» "^^^^ *^® ^^^^ approbation aforesaid, to ail-road. nuake such regulations for ascertaining and fixing the price, or sum or sums of money, to be charged or taken for the carriage of any parcel, not exceeding one hundred and twenty pounds weight as aforesaid, upon the said Rail- road, or any part thereof, as to them shall seem fit and reasonable, and that the said Company i.f.'f.' 59 shall, from time to time, print and stick up, or Table of toIIb cause to be printed and stuck up in their office, affiJer^^""*^ and in all and every of the places where the tolls are to be collected, in some conspicuous place there, a printed board or paper showing all the tolls payable under this Act, and parti- cularising the sum or sums of money to be charged or taken for the carriage of such par- cels not exceeding one hundred and twenty- pounds in weight as aforesaid. XLII. Provided always, and be it enacted. Provisions as 11 x- to the carnage That the said Compnny shall at all times, of HerMajes- when thereunto required by Her Majesty's ^^'^ "' Deputy Post Master General, the Commander of the Forces, or any person having the Su- perintendence or command of any Police Force, carry Her Majesty's Mails, Her Majes- ty's Naval or Military Forces or Militia, and all artillery, ammunition, provisions or other stores for their use, and all policemen, con- stables and others, travelling on Her Majesty's service, on the said Rail-way, on such teims and conditions, and under such regulations as the Governor or Person administering the Government shall, in Council, appoint and de- clare : Provided always, that any further enact- Pj^^-^;; ments which the Legislature of this Province make further *"^ , P 1. . o^ 1 •*!, provisions. may hereafter deem it expedient to make, with regard to the carriage of the said Mails or Her Majesty's Forces, and other persons and arti- cles as aforesaid, or the rates to be paid for carrying the same, or in any way respecting I* Companjr to hava Rail-road measured and milej marked. Treasurer, Receiver and Collector to give security. Fines under this Act how to be recover- ed. the use of any Electric Telegraph, or other service to be rendered by the Company to the Government, shall not be deemed an infringe- ment of the privileges intended to be on- ferred by this Act. XLIII. And be it enacted. That as soon as conveniently may be after the said Rail-road shall be completed, the said Company shall cause the same to be measured, and stones or posts, with proper inscriptions on the sides thereof denoting the distance, to be erected and forever after maintained at a distance of every mile from each other. XLIV. And be it enac^od. That the said Company shall and are hereby required and directed tu take sufficient security by one or more bond or bonds, in a sufficient penalty or penalties from their Treasurer, Receiver and Collector for the time being, of the moneys to be raised by virtue of this Act, for the faithful execution by such Treasurer, Receiver and Collector of his and their office and offices respectively. XLV. And be it enacted, That all fines and forfeitures imposed by this Act, which shall be lawfully imposed by any By-law to be made in pursuance thereof, (of which By-law when produced, all Justices are hereby required to take notice,) the le./ing and recovering of which fines and forfeitures are not particularly herein d^^ected, shall upon proof of the ofFencs f^ fra 61 before any one or more Justice or Justices of the Peace, for any of the Districts through which the said Rail-road shall pass, either by the confession of the party or parties, or by the oath of affirmation of any one creditable wit- ness, (which oath or affirmation such Justice or Justices are hereby empowered and required to administer without fee or reward,) be levied L^^jy^^y^^^J^ bv distress and sale of the offisnder's goods and of goods and J ,.-11111 chattels. chattels by warrant under the hand and seal or hands and seals of such Justice or Justices, and all such fines, forfeitures or penalties by this Act imposed or authorized to be imposed, the application whereof is not hereinbefore parti- cularly directed, shall be paid into the hands of the Treasurer or receiver of the moneys to be raised by virtue of this Act, and shall be applied and disposed of for the use of the said Rail-road or undertaking, and the overplus of the money raised by such distress and sale, after deducting the penalty and the expenses of levying and recovering thereof, shall be rendered to the owner of the goods so distrained and sold ; for want of sufficient goods and }™p^---' chattels whereof to levy, the said offender shall sufficient chat. be sent to the common gaol for any of such Districts, there to remain without bail or main- prize for such term not exceeding one month, as such Justice or Justices shdl. think proper, unless such penalty and forfeiiare and all ex- penses attending the same shall be sooner paid and satisfied. t' i- Persons ag- grieved may appeal to the general ses- sions; 62 XL VI. And be it enacted, That if any person or persons shall think himself or herself or themselves aggrieved by any thing done by any Justice or Justices of the Peace in pur- suance of this Act, such person or persons may, within four calendar months after the doing thereof, appeal to the Justices of the Peace at the General Quarter or General Sessions to be holden in and for the District. XL VII. And be it enacted. That if any Limitation of actions for . • i n ' " ""•' things done in actiou or suit shall be brought or commenced pursuance of • . agamst any person or persons for any thing this Act. u A\ \ done or to be done in pursuance of this Act, or in the execution of the powers and authorities or of the orders and directions hereinbefore given or granted, every such action or suit shall be brought or commenced within six calendar months next after the fact com- mitted, or in the case there shall be a conti- nuation of damage, then within six calendar months next after the doing or committing such damage shall cease, and not afterwards ; General issue, and the Defendant or Defendants in such action or suit, shall and may plead the gene- ral issue, and give this Act and the special matter in evidence at any trial to be held thereupon, and that the same was done in pursuance and by the authority of this Act ; and if it shall appear to have been so done, or if any action or suit shall be brought after the time so limited for bringing the same, or if the Plaintiff or Plaintiffs shall be non-suited, or V 63 discontinue his, her or their action or suit, CoststeDe- after the Defendant or Defendants shall have praiSSffVaii. appeared, or if judgment shall be given against the Plaintiff or Plaintiffs, the Defend- ant or Defendants shall have full costs, and shall* have such remedy for the same as any Defendant or Defendants hath or have for costs of suit in other cases by law. XLVIII. And be it enacted. That any con- ^^y^^%^' travention of this Act by the said Company or thjs^Act not anv other partv, for which no punishment or punishable to J . .-11 uni. «/>;« oe a rnisde- penalty is herein provided, siiall be a mis- meanor. demeanor, and shall be punished accordingly, but such punishment shall not exempt the said Company (if they be the offending party) from the forfeiture of this Act, and the privileges hereby conferred on them, if, by the provisions thereof, or by law, the same be forfeited by such contravention. XLIX. And be it enacted. That Her Majesty, Her Majesty Her Heirs and Successors, may at any time the RaU-way before or after the said Rail-road is completed, Jonditions. assume the possession and property thereof, and of all the property which the said Com- pany is ht.eby empowered to hold, and shall then have all the right, privileges and advan- tages vested by this Act in the said Company, (all which after such assumption shall be vest- ed in Her Majesty, Her Heirs and Successors) on giving to the said Company, three months notice of the intention to assume the same, and on paying to the said Company, within three Company annually to submit to the Company not to be exempt from the ope- ration of any geiieral Rail- way Act. months of the expiration of such notice, the whole amount of their Capital Stock then paid up and expended, with interest at ten per cen- tum on the paid up capital, from the time of the paying up of the same until the time of the opening of the said Rail-way. L. And be it enacted, That the said Com- pany shall annually submit to the three bran- t^auS'Sunt ches of the Legislature within the first fifteen days after the opening of each Session of the Provincial Parliament, after the opening of the said Rail-road or any part thereof to the public, a detailed and particular account, attested upon oath, of the moneys by them received and expended, under and by virtue of this Act, with a classified statement of the amount of tonnage and of passengers that have been conveyed along the said Rail-road, and no further provisions which the Legislature may hereafter make with regard to the form or details of such account, or the mode of attesting or rendering the same, shall be deemed an infringement of the privileges hereby granted to the Company. LL And be it enacted, That nothing herein contained shall be construed to exempt the Kail-road by this Act jiuihorized to be made, from the provisions of any General Act relating to Rail-ways which may be passed during the present or any future Session of Parliament. Saving of iicr LIL And be it cnaded, that nothing; herein rigiUH and contained shall affect or be construed to affect 65 in any manner or way whatsoever, the rights those of aii of Her Majesty, Her Heirs and Successors, or " " p*"''"^- of any person or persons, or of any bodies politic, corporate or collegiate, such only ex- cepted as are herein mentioned. LHI. And be it enacted. That the Survey, Raiiiroad to be Map and Book of Reference hereinbefore wuhin ton mentioned, shall be made, an^ the said Map and Book of Reference shall be deposited within three years from the passing of this Act, and the said Rail-road hereby authorized shall be completed within ten years from the passing of this Act, or else, every matter jand Penalty. thing herein contained shall be and become absolutely null and void as to so much of the said line of Rail-road as shall not then be completed. LIV. And be it enacted, That this Act shall Public Act. be deemed and taken to be a Public Act, and as such shall be judicially taken notice of by all Judges, Justices of the Peace and others, without being specially pleaded. MONTREAL: PRINTED BY STEWART OKRBISHIRK <( GEORGE DESBARATS, Printer to th« Uueen'a Moat Excellent Miyeilj.